Sec. 1831. Cost or pricing data
2,788 words·~13 min read·
/bill/116/hr/6395/enr/section-1831·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), is amended by striking chapter 271 and inserting the following: Sec. 3701. Definitions. 3702. Required cost or pricing data and certification. 3703. Exceptions. 3704. Cost or pricing data on below-threshold contracts. 3705. Submission of other information. 3706. Price reductions for defective cost or pricing data. 3707. Interest and penalties for certain overpayments. 3708. Right to examine contractor records. . Subsection
(h)of section 2306a of title 10, United States Code, is transferred to section 3701 of such title, as added by subsection (a), inserted after the section heading, redesignated as subsection (a), and amended— by striking this section and inserting this chapter ; and in paragraph (1), by striking subsection (e)(1)(B) and inserting section 3706(a)(2) of this title . Subsection
(a)of section 2306a of title 10, United States Code, is transferred to section 3702 of such title, as added by subsection (a), inserted after the section heading, and amended by redesignating paragraphs
(2)through
(7)as subsections
(b)through (g), respectively. Such subsection (a), as so transferred and amended, is amended— by striking and inserting Required cost or pricing data and certification. —(1) the head of ; When required .—The head of by redesignating subparagraphs (A), (B), (C), and
(D)as paragraphs (1), (2), (3), and (4), respectively; in paragraph (1), as so redesignated— by inserting before Offeror for prime contract.— An offeror ; and by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; in paragraph (2), as so redesignated— by inserting before Contractor.— The contractor ; by redesignating clauses (i), (ii), and
(iii)as subparagraphs (A), (B), and (C), respectively; in subparagraph (A), as so redesignated, by striking subparagraph (A)(i) and inserting paragraph (1)(A) ; in subparagraph (B), as so redesignated, by striking paragraph
(6)and inserting subsection
(f); and in subparagraph (C), as so redesignated, by striking clause
(i)or
(ii)and inserting subparagraph
(A)or
(B); in paragraph (3), as so redesignated— by inserting before Offeror for subcontract.— An offeror ; by redesignating clauses (i), (ii), and
(iii)as subparagraphs (A), (B), and (C), respectively; in subparagraph (A), as so redesignated, by striking subparagraph (A)(i) and inserting paragraph (1)(A) ; in subparagraph (B), as so redesignated, by striking paragraph
(6)and inserting subsection
(f); and in subparagraph (C), as so redesignated, by striking clause
(i)or
(ii)and inserting subparagraph
(A)or
(B); and in paragraph (4), as so redesignated— by inserting before Subcontractor.— The subcontractor ; by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; in the matter preceding subparagraph (A), as so redesignated, by striking subparagraph
(C)and inserting paragraph
(3); in subparagraph (A), as so redesignated, by striking subparagraph (C)(i) and inserting paragraph (3)(A) ; and in subparagraph (B), as so redesignated, by striking subparagraph (C)(iii) and inserting paragraph (3)(C) . Such subsection
(a)is further amended by striking a prime contract under this chapter each place it appears and inserting a prime contract under a chapter 137 legacy provision . Subsection
(b)of section 3702, as transferred and redesignated by paragraph (1), is amended— by inserting before Certfication.— A person required ; by striking paragraph
(1)and inserting subsection
(a); and by striking subsection
(c)and inserting section 3704 of this title . Subsection
(c)of section 3702, as transferred and redesignated by paragraph (1), is amended— by inserting before To whom submitted.— Cost or pricing data ; by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; and in the matter preceding paragraph (1), as so redesignated— by striking paragraph
(1)(or under subsection (c)) and inserting subsection
(a)(or under section 3704 of this title) ; and by striking paragraph
(2)and inserting subsection
(b). Subsection
(d)of section 3702, as transferred and redesignated by paragraph (1), is amended— by inserting before Applicability of chapter.— Except as provided under ; and by striking subsection
(b)and inserting section 3703 of this title . Subsection
(e)of section 3702, as transferred and redesignated by paragraph (1), is amended— by inserting before Subcontracts not affected by waiver.— A waiver of ; by striking subsection (b)(1)(C) and inserting section 3703(a)(3) of this title ; by striking paragraph (1)(C) and inserting subsection (a)(3) ; and by striking that paragraph and inserting that subsection . Subsection
(f)of section 3702, as transferred and redesignated by paragraph (1), is amended— by inserting before Modifications to prior contracts.— Upon the request of ; by striking paragraph
(1)and inserting subsection
(a); by striking that paragraph and inserting that subsection ; and by striking subparagraphs (B)(ii) and (C)(ii) of paragraph
(1)and inserting paragraphs (2)(B) and (3)(B) of subsection
(a). Subsection
(g)of section 3702, as transferred and redesignated by paragraph (1), is amended— by inserting before Adjustment of amounts.— Effective on ; and by striking paragraph
(1)and inserting subsection
(a). Subsection
(b)of section 2306a of title 10, United States Code, is transferred to section 3703 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by redesignating paragraphs
(1)through
(6)as subsections
(a)through (f), respectively, and realigning those subsections flush to the left margin. Subsection
(a)of such section 3703, as so transferred and redesignated by paragraph (1), is amended— by redesignating subparagraphs (A), (B), (C), and
(D)as paragraphs (1), (2), (3), and (4), respectively; in the matter preceding paragraph (1), as so redesignated, by striking under subsection
(a)and inserting under section 3702 of this title ; in paragraph (1), as so redesignated, by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; and in paragraph (3), as so redesignated, by striking this section and inserting this chapter ; and in paragraph (4), as so redesignated, by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively. Subsection
(b)of such section 3703, as so transferred and redesignated by paragraph (1), is amended— by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; in the matter preceding paragraph (1), as so redesignated— by striking paragraph (1)(A) or (1)(B) and inserting paragraph
(1)or
(2)of subsection
(a); and by striking subsection
(a)and inserting section 3702 of this title ; and in paragraph (1), as so redesignated, by striking paragraph (1)(A) or (1)(B) and inserting paragraph
(1)or
(2)of subsection
(a). Subsection
(c)of such section 3703, as so transferred and redesignated by paragraph (1), is amended— by redesignating subparagraphs (A), (B), and
(C)as paragraphs (1), (2), and (3), respectively; in paragraph (1), as so redesignated— by striking paragraph (1)(B) and inserting subsection (a)(2) ; by striking subsection (a)(1)(A)(i) and inserting section 3702(a)(1)(A) of this title ; and by striking subsection (a)(7) and inserting section 3702(g) of this title ; in paragraph (2), as so redesignated, by striking this paragraph and inserting this subsection ; and in paragraph (3), as so redesignated— by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; in the matter preceding subparagraph (A), as so redesignated, by striking subparagraph
(A)and inserting paragraph
(1); and in subparagraph (A), as so redesignated, by striking subparagraph
(A)or
(C)of paragraph
(1)and inserting paragraph
(1)or
(3)of subsection
(a). Subsection
(d)of such section 3703, as so transferred and redesignated by paragraph (1), is amended— by redesignating subparagraphs (A), (B), and
(C)as paragraphs (1), (2), and (3), respectively; in paragraph (1), as so redesignated, by striking paragraph (1)(B) and inserting subsection (a)(2) ; in paragraph (2), as so redesignated, by striking subparagraph
(A)and inserting paragraph
(1); and in paragraph (3), as so redesignated— by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; and in the matter preceding subparagraph (A), as so redesignated, by striking subparagraph
(B)and inserting paragraph
(2). Subsection
(f)of such section 3703, as so transferred and redesignated by paragraph (1), is amended— by striking subsection
(a)and inserting section 3702 of this title ; and by striking paragraph (1)(A) and inserting subsection (a)(1) . Subsection
(c)of section 2306a of title 10, United States Code, is transferred to section 3704 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by redesignating paragraphs (1), (2), and
(3)as subsections (a), (b), and (c), respectively, and realigning those subsections flush to the left margin. Subsection
(a)of such section 3704, as so transferred and redesignated, is amended— by striking paragraph
(2)and inserting subsection
(b); by striking subsection
(a)and inserting section 3702 of this title ; and by striking under this subsection and inserting under this section . Subsection
(b)of such section 3704, as so transferred and redesignated, is amended— by striking under this paragraph and inserting under this subsection ; and by striking subparagraph
(A)or
(B)of subsection (b)(1) and inserting paragraph
(1)or
(2)of section 3703(a) of this title . Subsection
(c)of such section 3704, as so transferred and redesignated, is amended by striking under this paragraph and inserting under this subsection . Subsection
(d)of section 2306a of title 10, United States Code, is transferred to section 3705 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by redesignating paragraphs (1), (2), and
(3)as subsections (a), (b), and (c), respectively, and realigning those subsections flush to the left margin. Subsection
(a)of such section 3705, as so transferred and redesignated, is amended— by striking under this section and inserting under this chapter ; and by striking subsection (b)(1)(A) and inserting section 3703(a)(1) of this title . Subsection
(b)of such section 3705, as so transferred and redesignated, is amended— by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; in paragraph (1), as so redesignated— by redesignating clauses
(i)through
(vi)as subparagraphs
(A)through (F), respectively; and in the matter preceding subparagraph (A), as so redesignated, by striking paragraph
(1)and inserting subsection
(a); and in paragraph (2), as so redesignated— by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; and in subparagraph (A), as so redesignated, by striking subparagraph
(A)and inserting paragraph
(1). Subsection
(c)of such section 3705, as so transferred and redesignated, is amended— by redesignating subparagraphs (A), (B), and
(C)as paragraphs (1), (2), and (3), respectively; and in the matter preceding paragraph (1), as so redesignated, by striking under paragraph
(1)and inserting under subsection
(a). Subsection
(e)of section 2306a of title 10, United States Code, is transferred to section 3706 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection designation and subsection heading; and by redesignating paragraphs (1), (2), (3), and
(4)as subsections (a), (b), (c), and (d), respectively. Subsection
(a)of such section 3706, as so transferred and redesignated, is amended— by striking
(A)A prime contract and inserting Provision requiring adjustment. — A prime contract ; by striking subsection (a)(2) and inserting section 3702(b) of this title ; by redesignating subparagraph
(B)as paragraph (2); by inserting before What constitutes defective cost or pricing data.— For the purposes ; and by striking of this section and inserting of this chapter . Subsection
(b)of such section 3706, as so transferred and redesignated, is amended— by inserting before Valid defense.— In determining for ; and by striking paragraph
(1)and inserting subsection
(a). Subsection
(c)of such section 3706, as so transferred and redesignated, is amended— by inserting before Invalid defenses.— It is not ; by striking paragraph
(1)and inserting subsection
(a); by redesignating subparagraphs (A), (B), (C), and
(D)as paragraphs (1), (2), (3), and (4), respectively; in paragraph (1), as so redesignated, by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; and in paragraph (4), as so redesignated, by striking subsection (a)(2) and inserting section 3702(b) of this title . Subsection
(d)of such section 3706, as so transferred and redesignated, is amended— by striking
(A)A contractor shall and inserting Offsets .— A contractor shall ; by striking paragraph
(1)and inserting subsection
(a); by redesignating subparagraph
(B)as paragraph (2); in paragraph (1), as designated by subparagraph (A), by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; in subparagraph (B), as so redesignated by subparagraph (D)— by striking paragraph (1)(B) and inserting subsection (a)(2) ; and by striking subsection (a)(3) and inserting section 3702(c) of this title ; and in paragraph (2), as redesignated by subparagraph (C)— by striking subparagraph
(A)and inserting paragraph
(1); by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; in subparagraph (A), as so redesignated, by striking subsection (a)(2) and inserting section 3702(b) of this title ; and in subparagraph (B), as so redesignated— by striking subparagraph (A)(ii) and inserting paragraph (1)(B) ; and by striking paragraph (1)(B) and inserting subsection (a)(2) . Subsection
(f)of section 2306a of title 10, United States Code, is transferred to section 3707 of such title, as added by subsection (a), inserted after the section heading, redesignated as subsection (a), and amended by redesignating paragraph
(2)as subsection (b). Subsection
(a)of such section 3706, as so transferred and redesignated, is amended— by striking and inserting Interest and penalties for certain overpayments. —(1) In general.— by striking this section and inserting this chapter ; by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; and in paragraph (1), as so redesignated, by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively. Subsection
(b)of such section 3706, as so transferred and redesignated, is amended— by inserting before Liability not affected by refusal to submit certification.— Any liability ; by striking this subsection and inserting this section ; and by striking subsection (a)(2) and inserting section 3702(b) of this title . Subsection
(g)of section 2306a of title 10, United States Code, is transferred to section 3708 of such title, as added by subsection (a), inserted after the section heading, and amended— by striking the subsection redesignation and subsection heading; by striking this section and inserting this chapter ; and by striking section 2313(a)(2) and inserting section 3841(b)(2) . Section 1608(b) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2273 note) is amended by striking section 2306a and inserting chapter 271 . Section 866(b)(4) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 2302 note) is amended— in subparagraph (A), by striking section 2306a and inserting chapter 271 ; and in subparagraph (B), by striking section 2306a(d) and inserting section 3705 . Section 2343 of title 10, United States Code, is amended by striking 2306a, and 2313 and inserting 3701–3708, and 3841 . Section 2379(c)(1) of title 10, United States Code, is amended by striking section 2306a and inserting sections 3701–3708 . Section 2380(b)(2)(B)(i) of title 10, United States Code, is amended by striking section 2306a(b)(4)(B) and inserting section 3703(d)(2) . Section 9511a(d) of title 10, United States Code, is amended by striking section 2306a and inserting chapter 271 . Section 890(a)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2306a note) is amended by striking section 2306a and inserting of chapter 271 . Such Part V is further amended by inserting after chapter 271, as added by subsection (a), the following new chapter: Sec. 3721. Evaluating the reasonableness of price: guidance and training. 3722. Grants of exceptions to cost or pricing data certification requirements and waivers of cost accounting standards. 3723. Streamlining awards for innovative technology projects: pilot program. 3724. Risk-based contracting for smaller contract actions under Truth in Negotiations Act: pilot program. Reserved . Reserved . Reserved . Reserved . . The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A (as added by section 801 of Public Law 115–232 ), of title 10, United States Code, are amended by striking the item relating to chapter 271 and inserting the following: 271. Truthful Cost or Pricing Data (Truth in Negotiations) 3701 272. Other Provisions Relating to Cost or Pricing Data 3721 .
Connectionstraces to 4
Traces to 4 documents
public-private-law
2 references not yet in our index
- Pub. L. 111-383
- 10 USC 2306a
Citation graph
cites case law
Sec. 1831
Cost or pricing data
Pub. L.Pub. L. 111-383
Cite10 USC 2306a
Cites 6Cited by 0 across 0 sources